Organizational and Legal Aspects of the Agreement Between Ukraine, the European Union and Its Member States on the Common Aviation Area

Abstract

The article is devoted to the analysis of the provisions of the Agreement between Ukraine and the European Union "On the Common Aviation Area" (CAA). Analysis of the historical stages of concluding the Agreement allowed to highlight its characteristics and identify the main problems of its conclusion. It is systematized that the formation of a common aviation area between Ukraine, the EU and its member states is based on identical rules governing air traffic control, flight safety, aviation safety, environmental protection and consumer rights, the use of computer reservation systems and relevant social aspects. The results of the analysis of the status of incorporation of requirements and standards of EU acts into the legal system of Ukraine for the implementation of the CAA Agreement on all components of Annex I revealed key areas for organizational, legal, technical and economic changes. The implementation of the relevant changes will help improve air connections between Ukraine and the countries of the European Common Aviation Area. Based on the results of the study, it was concluded that the CAA Agreement should be considered more broadly than the creation of a legal basis for the operation of scheduled air services between Ukraine and the EU without any restrictions. It aims to gradually create, through transitional periods, a common aviation area based on identical rules in the field of flight safety, aviation safety, air traffic management and organization, environmental protection and consumer rights, computer reservation systems. transportation, as well as relevant social aspects. The removal of all restrictions on market access should be a last resort, provided that all other areas of the aviation industry are fully integrated and adapted. The gradual opening of the market is dictated by the need to level the playing field for air carriers on both sides in the formation of passenger traffic by gradually adapting Ukrainian legislation to EU requirements and standards, introduction of common safety standards, modernization of Ukrainian airports and more.

Development of European aviation integration: Ukraine on the path to the European Common Aviation Area

“…However, Ukraine's air transport continues to make its contribution to the country's economy. Currently, air carriers that have a valid license, issued according to the requirements and procedures for flight operation in civil aviation, approved by the State Aviation Authority of Ukraine, perform flights for the transportation of passengers and cargo, in particular, in the countries of the EU (Ovsak and Sadlovska, 2022). Currently, Ukrainian airlines actually operate routes in accordance with the 7th freedom of air, which in this case should be considered as a shortened version of the 5th freedom of air, and not an extension of the 6th freedom of air, following the clarification on air freedoms presented by Maertens and Grimme (2019).…”